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HomeMy WebLinkAboutJefferson County Public Works, Parks and Recreation Division, Amendment No. 1 - 070620CONTRACT AMENDMENT # 1 4 -) By and Between 1 � � JEFFERSON COUNTY J� t and JEFFERSON COUNTY PARKS AND RECREATION DIVISION For Hotel -Motel Funding 2020 This Amendment # 1 is by and between JEFFERSON COUNTY (hereinafter known as "COUNTY" and the JEFFERSON COUNTY PUBLIC WORKS PARKS AND RECREATION DIVISION (hereinafter known as "JCPR"). WHEREAS, the COUNTY and the JCPR entered into an Agreement on January 21, 2020 for Hotel -Motel Funding in 2020; and WHEREAS, the parties desire to amend the terms of that Agreement; and WHEREAS, in recognition of the unavoidable disruption to tourism activities from the COVID-19 pandemic, the JCPR has volunteered to reduce the amount of their 2020 grant funding; and WHEREAS, on May 19, 2020 the Jefferson County Lodging Tax Advisory Committee (LTAC) reviewed and recommended a reduction in the amount of $9,023; NOW, THEREFORE, IT IS AGREED BETWEEN BOTH PARTIES AS NAMED HEREIN that the Agreement executed on January 21, 2020 is hereby amended as follows: 1. Paragraph 1 of "Section 1: Services To Be Performed" of the January 21, 2020 Agreement is hereby amended as follows: 1. JCPR shall use its capabilities and utilize up to $35,136 of funding provided under this agreement to promote and continue the operation of Lake Leland Campground, Upper and Lower Oak Bay Campground and Quilcene Campground, restricted to any of the eligible items in the itemized list of proposed tourism promotion services, a copy of which is incorporated herein as Exhibit A. 2. Paragraph 2 is added to "Section 1: Services To Be Performed" of the January 21, 2020 Agreement as follows: 2. In recognition of the unavoidable disruption to tourism activities from the COVID-19 pandemic, the JCPR may substitute other Promotion and Campground Operations Services in 2020 in using the funding provided through this Agreement, upon prior presentation of an itemized list to the Lodging Tax Advisory Committee (LTAC) and affmnative vote by the LTAC recommending that the JCPR proceed with the proposed substitution. In such case no amendment to this Agreement shall be required and the JCPR may use the funding to perform the substitute Promotion Services in 2020. 3. Paragraph 2 of "Section 3: Responsibility of Jefferson County" of the January 21, 2020 Agreement is hereby amended as follows: 2. The County recognizes that an original allocation to JCPR of $44,159 in Hotel -Motel funds to promote and continue operation of campgrounds of Jefferson County has voluntarily been reduced by $9,023 because of the impacts of the COVID-19 pandemic, resulting in an allocation of $35,136 in 2020. Therefore, funding is in the sum of $35,136 for 2020. Payment has already been made to the JCPR in the amount of $44,159. JCPR will refund to the COUNTY Fund 125 an amount of $9,023. 4. Paragraph 3 is added to "Section 3: Responsibility of Jefferson County" of the January 21, 2020 Agreement as follows: 3. The $9,023 reduction from 2020 is earmarked for potential use by the JCPR to promote and continue operation of County Campgrounds in 2021, contingent on a recommendation by the Lodging Tax Advisory Committee to award those funds to the JCPR in 2021 and approval by the Board of County Commissioners. 5. All other terms and conditions of the original Agreement executed on January 21, 2020 will remain the same. APPROVED and signed this 61h day cf July, 2020. Attest: CarolyGalTaway, Deputy Clerk of the Board Approved as to Form: -^� 7/2/2020 Philip Hunsucker, Chief Civil Deputy Prosecuting Attorney JEFFERS N B COMMISS NERS G therton, Chair JEFFERSON CO Y PUBLIC WORKS Monte Rein ers Public Wor ctor/County En ger Consent Agenda Commissioners Office JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Leslie Locke, Executive Assistant DATE: July 6, 2020 SUBJECT: AGREEMENT, Amendment No. 1 re: 2020 Lodging Tax Grant Funding; Reduction in Funding $9,023 for a Total of $35,136; Jefferson County Public Works, Parks & Recreation Division STATEMENT OF ISSUE: The Board of County Commissioners are asked to approve an amendment reducing funding to the Jefferson County Parks & Recreation Division from Fund 125 Hotel/Motel used to promote and operate several County campgrounds in 2020. ANALYSIS: The COVID-19 Pandemic has severely reduced tourism, and thus, is also reducing lodging tax revenue to Fund 125 Hotel/Motel, that funds the County's tourism promotion activities authorized by state law. On May 26, the County Commissioners passed a motion approving the 2020 voluntary award revisions for tourism promotion activities as recommended by the Lodging Tax Advisory Committee, including earmarking the 2020 reductions by each tourism promotion organization for potential use in 2021 by the same organization. However, several organizations already had executed contracts for 2020 before being approached about voluntarily offering to make reductions. The proposed Amendment implements the reduction in funding in 2020 for the Jefferson County Parks & Recreation Division (JCPR), and earmarks the dollars reduced for potential use in 2021, subject to a future recommendation by the Lodging Tax Advisory Committee subject to approval by the Commissioners. FISCAL IMPACT: An original allocation to JCPR of $44,159 in Hotel -Motel funds to promote and continue operation of campgrounds of Jefferson County has voluntarily been reduced to $35,136 for 2020. JCPR will refund to the COUNTY Fund 125 an amount of $9,023. The $9,023 reduction is earmarked for potential use by the JCPR to promote and continue operation of County Campgrounds in 2021, contingent on a recommendation by the Lodging Tax Advisory Committee to award those funds to the JCPR in 2021 and approval by the Board of County Commissioners. RECOMMENDATION: Approve and sign the amendment to agreement. REVIEWED BY• r ilip Mo ounty Administrator Date: CONTRACT REVIEW FORM CONTRACT WITH: JC Public Works — Parks & Recreation (Contractor/Consultant) CONTRACT FOR: Amend. # 1; Lodging Tax Grant Funding TRACKING NO.: BOCC 2020-15 T ° 112 Q.: COUNTY DEPARTMENT: County Administrator JUN 3 0 2020 For More Information Contact: Leslie Locke or Philip Morley Contact Phone #: Ext. 102 Ep& RETURN TO: Leslie Locke RETURN BY: 7/20 (Person in Department) (Date) AMOUNT: $9,023 Reduction (New Funding Amount $35,136) PROCESS: ❑ Exempt from Bid Process ❑ Consultant Selection Process Revenue ❑ Cooperative Purchase Expenditure ❑ Competitive Sealed Bid Matching funds Required ❑ Small Works Roster Source(s) of Matching Funds ❑ Vendor List Bid ❑ RFP or RFQ ❑ Other Step l: REVIEW Date APPROVED FORM Comments ❑ Returned for revision (See Comments) Step 2: REVIEW BY PROSECUTING ATTORNEY Review by: Philip C. Hunsucker Date Reviewed: Chief Civil Deputy Prosecuting Attorney ❑ APPROVED AS TO FORM ❑ Returned for revision (See Comments) Comments Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit original Contract(s), Agenda Request, and Contract Review form. Also, please send 2 copies of just the Contract(s) (with the originals) to the BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.) AGREEMENT FOR 2020 HOTEL -MOTEL FUNDING FOR TOURISM SERVICES JEFFERSON COUNTY PARKS AND RECREATION DMSION This Agreement is by and between JEFFERSON COUNTY (hereinafter known as "COUNTY" and JEFFERSON COUNTY PUBLIC WORKS PARKS AND RECREATION DIVISION (hereinafter known as "JCPR"). WHEREAS, JCPR is a Government Agency of the State of Washington; and WHEREAS, the COUNTY desires to promote tourism in unincorporated Jefferson County, as authorized by Chapter 67.28 RCW and Jefferson County Code Chapter 3.25; and WHEREAS, the Jefferson County Lodging Tax Advisory Committee reviewed and recommended funding the lodging tax proposal by Jefferson County Parks and Recreation to implement a strategy for the unincorporated area of Jefferson County to promote tourism activities and maintain the operation of certain County facilities; IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the parties as follows: SECTION 1: SERVICES TO BE PERFORMED JCPR shall use its capabilities and utilize the funding provided under this agreement to continue and update the ongoing performance of the following tourism promotion services and operation of certain County facilities, as outlined below: 1. JCPR shall use its capabilities and utilize up to $44,159 of funding provided under this agreement to promote and continue the operation of Lake Leland Campground, Upper and Lower Oak Bay Campground and Quilcene Campground, restricted to any of the eligible items in the itemized list of proposed tourism promotion services, a copy of which is incorporated herein as Exhibit A. SECTION 2: RESPONSIBILITIES OF JEFFERSON COUNTY PARKS AND RECREATION: On or before January 31; April 30; July 31; October 31, 2020; and January 31, 2021, provide to the COUNTY: • A quarterly report of the use, services, programs and activities of JCPR under this Agreement for the prior quarter; • A quarterly financial statement detailing revenues, expenses and cash balances for the prior quarter; and for the final quarter report, the financial statement shall also include a detailed financial statement for all 2020. 2. On or before January 31, 2020 OR upon execution of this agreement, whichever is later, provide to the COUNTY: • A billing statement requesting payment of Hotel -Motel Funding for the current year. Page 1 of 6 Jefferson County Parks & Recreation 3. For a minimum of six (6) years, maintain documented proof of payments made, contracts executed, and other expenditures authorized under this Agreement. Upon reasonable notice, provide access to County or State representatives to audit those records. 4. Funding provided by this Agreement may only be expended on the services described in Section 1 of this Agreement. Any monies used for other services or purposes shall be refunded to Jefferson County. Any monies under -expended of the total funding allocated under this Agreement shall be refunded to Jefferson County by January 31, 2021. 5. By February 28th of each year provide the following information on Exhibit B, attached hereto and incorporated by reference for the previous year. a. Each festival, event, or tourism facility owned and/or operated by JCPR. b. The amount of lodging tax revenue allocated for expenditure (whether actually expended or not) by JCPR on each festival, event or tourism facility. c. Estimated number of tourists served at each festival, event or tourism facility. ("Tourist" includes persons traveling more than 50 miles to the location of the event, festival or facility and overnight stays in the area). d. Estimated lodging stays. ("Lodging" refers to commercial lodging such as hotels, motels, resorts, bed and breakfasts, or commercial campgrounds). e. Measurements that demonstrate the impact of increased tourism attributable to the event, festival or facility. SECTION 3: RESPONSIBILITY OF JEFFERSON COUNTY 1. The COUNTY will provide JCPR funding from Hotel -Motel Tax receipts to be used in support of their responsibilities as defined under this agreement. 2. Said funding is in the sum of $44,159 for 2020. Payment is to be predicated on submittal of reports defined in Section 2. Payment will be made by the COUNTY upon receipt of an invoice on the next available billing cycle. SECTION 4: TERM This Agreement shall be for a term of one year, commencing on January 1, 2020 and ending on December 31, 2020, except for the reports referenced in Section 2, due January 31, 2021 and February 28, 2021. All activities performed pursuant to this Agreement within its tern and prior to its execution are hereby ratified. SECTION 5: ASSIGNMENT Either party to the agreement shall not assign this Agreement, except by signed amendment. SECTION 6: MODIFICATION This Agreement may be modified by mutual written agreement executed by both parties. Page 2 of 6 Jefferson County Parks & Recreation SECTION 7: TERMINATION The Agreement may be terminated, in whole or in part, by the County upon thirty (30) days written notice in the event expected or actual revenue from the Hotel -Motel Tax is reduced or limited in any way, or for non-performance of duties under this Agreement, or for any reason. JCPR may terminate this Agreement upon thirty (30) days written notice to the COUNTY. In the event of termination under this clause, the County shall be liable to pay only for services rendered prior to the effective date of termination. If termination covers a period for which payment has already been made, JCPR shall refund to the COUNTY a pro -rated share of the payment based upon the balance of time remaining in the paid period, unless otherwise negotiated. SECTION 8: COMPLIANCE WITH LAWS JCPR shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this Agreement. This Agreement shall be interpreted and construed in accord with the laws of the State of Washington and venue shall be in Jefferson County, Washington. SECTION 9: DISCRIMINATION PROHIBITED JCPR with regard to the project to be completed under this agreement, will not discriminate on the grounds of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification in the selection and retention of employees, materials, supplies, contractors or subcontractors. SECTION 10: INTEGRATED AGREEMENT This agreement together with attachments or addenda represents the entire and integrated agreement between the County and JCPR and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both the County and JCPR. APPROVED and signed this 21 s day of J -i h4-0-j, Z Zo JEFFE N COUNTY Attest: COMMISSIONERS Carolyn Gallaway, CMC hair C-05 L i`'''✓�''`— Deputy Clerk of the Board Approved as to Form: 1 1&Jzo Philip Hunsucker, Chief Civil Deputy Prosecutor Jffinders NTY P N DIVISION Public Works Director/County Engineer Page 3 of 6 Jefferson County Parks & Recreation EXHIBIT A Itemized List of Proposed Tourism Promotion Services 2Q2O Expenws $ $ $ $ $ $ by Leland 7,209 637 1,602 1,538 849 990 Campground Qu_ ik ene $ 7,209 $ 637 $ 1,602 $ 1,538 $ 849 $ 990 Oak Bay Services ProWded Total Staff Truck $ 7,209 $ 21,626 $ 637 5 1,910 Utilities 5 3,204 5 6,408 Equipment & supplies $ 1,539 $ 4,615 Tree service i $ 849 $ 2,546 Customer service Sam to 5pm Website www.countyrec.00m Rack card 990 $ 990 $ 884 $ 884 $ 984 $ 2,575 $ $ 478 14,185 $ 478 $ 478: $ 1,391 Total _ $14.185 $15,797 $ 44,159 Page 4 of 6 Jefferson County Parks & Recreation Jefferson Townsend, July 7, 2020 Jefferson County Parks & Recreation Matt Tyler 623 Sheridan Street Port Townsend, WA 98368 Re: Agreement Amendment No. 1 for 2020 LTAC Funding — Jefferson County Parks and Recreation: Operation of Certain Campgrounds Dear Mr. Tyler, Enclosed for signature are two (2) original amendments for 2020 Lodging Tax Funding. Please sign both originals, keep one original for your records and return the second original to the address listed above. The amendment is to reduce the amount of 2020 grant funding due to COVID-19 disruption to tourism activities. Please remember that on or before April 30; July 31; October 31, 2019 and January 31, 2021 you are required to provide to the County: • A quarterly report of the use, services, programs and activities under this agreement for the prior quarter; • A quarterly financial statement detailing revenues, expenses and cash balances for the prior quarter; and for the final quarter report, the financial statement shall also include a detailed financial statement for all 2020. Thank you for your assistance. Sincerely, Leslie Locke Executive Assistant Enclosure Phone (360) 385-9100 Fax (360) 385.9382 jefibocc4l co.jefferson.wa.us